Laws, Litigation Message: Make Websites Accessible

Accessibility in the News—9/7/18.

The industries are varied and the methods differ, but the message from a few of this week’s stories is the same: Make your website accessible for people who have disabilities. Leveraging both legal actions and established mandates, groups in the U.S. and abroad are emphasizing the need for online access for everyone. Several articles this week focus on the litigation aspect:

Property management and leasing companies are urged to look at their websites in light of potential lawsuits.

The mattress company with the quirky commercials, Purple, has been accused of violating the Americans with Disabilities Act (ADA) because their website is not compatible with assistive technology often used by people with visual disabilities.

In response to a series of legal actions against them, credit unions are asking lawmakers for clarity on whether or not the ADA applies to websites.

And, the tactical question is also being asked: What if I’m already working on making my site accessible? Am I still at risk of a lawsuit or other legal action if I’m not quite there yet? Venable looks a previous court decisions on the matter.

Overseas, initiatives targeting public sector entities are also reinforcing the need to make websites usable by everyone.

In Croatia, for instance, a project has been launched to certify websites for the blind and visually-impaired users. The project is being implemented in line with the European Directive on the Accessibility of the Websites and Mobile Applications of Public Sector Bodies.

And in India, the Bombay High Court has directed the Maharashtra government to ensure that all its websites are accessible within three months.

Microsoft and Xbox continue to get coverage for their strides in accessible gaming.

And discriminatory hiring practices and lack of wheelchair access show that while progress is evident, there’s still more to be made.

NOTE: To get news like this every week in your inbox, before it hits our website, subscribe to our Accessibility in the News e-newsletter. There are no ads and we never send spam. Just use the sign-up form on this page to subscribe and stay up to date!

The recent and pervasive trend of lawsuits being filed against companies based upon website accessibility issues, including numerous suits brought against hospitality companies for such issues and for failure to identify accessible features of their properties online, is now expanding to include property management companies in multifamily apartment buildings, property owners and other leasing entities. Despite thousands of lawsuits, many companies remain unaware of this extremely tangible risk…

“Can They Sue Me If We’re Already Fixing the Problem?” How to Build a Successful Defense Against Website Accessibility Lawsuits

Website accessibility lawsuits are now legion. As we have previously reported, website accessibility plaintiffs have secured a series of victories in recent years, including a landmark verdict in the first-ever website accessibility trial in June 2017. Companies that face such lawsuits, or threats of such lawsuits, often have limited options for a legal defense. One potential option is a mootness argument. Under that defense, the company may assert it has removed or is removing the barriers to accessibility at issue in the lawsuit. Four recent cases show four different judicial responses to that argument…

Can Uber and Lyft Become Wheelchair Accessible?

In early August, the New York City council voted to forbid Uber, Lyft, and other ride-sharing companies from adding any more cars to their fleets for the next 12 months. New York is the first American city to enact such a cap, though other cities are considering similar actions. The action took place amid the specter of six suicides by taxi drivers over the last six months and general concerns about traffic congestion in the city. Lawmakers sought to check the unregulated growth of the services and study just how many vehicles were actually required to provide appropriate transportation options during the pause…

Safeguarding the ADA and Those It Protects

The Americans with Disabilities Act is broken. As the sportscasters intone, let’s go to the stats. Based on the last census, one in every 25 Americans are ADA disabled. Yet only 41 percent of those with a disability, in the age 21 to 64 cohort, are employed. ccording to Matthew Brault, U.S. Census Bureau, Americans with Disabilities Act (2012) these numbers reflect the harsh reality that “people with disabilities, as a group, occupy an inferior status in our society, and are severely disadvantaged … economically.” What went wrong? Promise was bright when the law was enacted in 1990…

AbleGamers: Bringing Accessible Gaming to the Forefront

“I have this friend Zane. He and his brother live in the same care facility. Both are profoundly disabled and they can’t really communicate … imagine how difficult that must be to be sitting in the same room but not be able to interact with your own brother or sister. AbleGamers brings in some equipment to get these two brothers playing Forza Motorsport together and the very first thing one of the brothers does is to ram his car as hard as he can into his brother’s [and send] it flying across the track and into the dirt,” says Steven Spohn, COO of AbleGamers. “Because, at the end of the day, brothers are still brothers.“…

UW, Harvard Among Universities Lagging in ADA Compliance

Wheelchair accessibility on college campuses still has much room for improvement. We investigated two major universities: Harvard and the University of Washington. Both universities champion diversity and inclusion, and so we wanted to know how well they were doing when it came to disabled students, specifically those who use wheelchairs. The heart of a university is contained in its library. However, for wheelchair bound students, browsing the libraries at both the UW and Harvard (and these are just two that we sampled) is not possible…

Accessible public transportation and housing, a need for people with disabilities in major cities

Even though over six billion people—nearly one billion of whom will have disabilities— are expected to live in urban centers by 2050, many of the world’s major urban cities have a long way to go before their infrastructure becomes inclusive for people with disabilities. As the world’s population ages, in 2050, more than 20 percent will be 60 or older, making urban accessibility an urgent need, according to a report by the Disability Inclusive and Accessible Urban Development Network (DIAUD)…

What makes for an accessible beach? We asked wheelchair users how they plan a day by the water

When Karin Willison lived in Los Angeles, traversing the beach path between Santa Monica and Venice beaches was a weekly activity. “I took long walks with my dog, spent time at the pier and met up with friends,” Willison, who uses a power wheelchair said, adding that these walks were a big part of her life. “I love the beauty of the ocean, the fresh air and the chance to be in nature.” Visiting the beach is a go-to summer activity, or if you’re lucky enough to live in a perennially sunny location, a year-round possibility…

Xbox’s Adaptive Controller aims to bring gaming to community of disabled players

Mark Barlet vividly remembers an evening in 2004 when his friend Stephanie Walker was unable to join in on their regular online games of EverQuest II. “She was crying because that night, her mousing hand decided it wasn’t going to work,” he told CBC Radio’s Day 6. “Multiple sclerosis kind of said, ‘Not today.’ And she was crying because she saw video games kind of slipping away from her.” Now that there’s a growing number of hardware and software designers making games and devices with accessibility in mind, playing modern video games won’t be a daunting — often impossible — task for people with a serious physical disability…

Assessing technology, liability, safety and public acceptance in the autonomous future

As someone who has spent the majority of their career providing technical assistance to public transport agencies for the planning and deployment of technology, staying up to date on autonomous vehicles (AVs), and everything related, has been challenging. Therefore, my expectations of the Automated Vehicle Symposium 2018, held in San Francisco from 9-12 July, were that I would learn a lot, particularly about technology, liability, safety and public acceptance. I hoped to be able to engage with colleagues in how AVs could transform public transport and overall mobility…

A nostalgic journey through the evolution of web design

The World Wide Web was invented almost 30 years ago by Tim Berners Lee to help people easily share information around the world. Over the following decades, it has changed significantly – both in terms of design and functionality, as well its deeper role in modern society. Just as the architectural style of a building reflects the society from which it emerges, so the evolution of web design reflects the changing fashions, beliefs and technologies of the time. Web design styles have changed with remarkable speed compared with their bricks and mortar cousins…

Accessibility improvements coming to Metro parks

From rugged coastline and salmon-filled rivers to the majestic peaks and valleys in between, Oregon offers endless opportunity to enjoy the great outdoors. But not everyone can easily access parks and nature. Approximately 15 percent of Oregonians live with some type of disability, such as mobility and cognitive disabilities, according to the 2016 US Census Bureau’s American Community Survey. Metro is taking steps to ensure that people of all abilities feel welcome and safe in public spaces and enjoy access to programs and facilities…

A Push to Make ‘Computer Science for All’ Accessible to Students With Disabilities

A leading group supporting the “computer science for all” push in U.S. schools wants everyone from vendors to investors to school districts to publicly commit to supporting improved accessibility for students with disabilities. “In their urgency to serve a lot of kids, a lot of people have been moving so fast that they might have forgotten about this piece,” said Ruthe Farmer, the chief evangelist at the nonprofit CSforALL Consortium. “But it’s early enough that if we address this now, we can build a fully inclusive” movement for expanded computer science education, she said…

Why I’m Proud Of Microsoft And Xbox

It’s kind of silly to be proud of a multi-billion dollar corporation. But here I am, and I’m sure for many of you, here we are. Today, gamers with limited physical mobility the world over can purchase Microsoft’s awesome Xbox Adaptive Controller, a truly brilliant piece of video game hardware that opens up a whole new gamut of control possibilities. For who, you ask? Those who may find traditional input setups lacking, of course. The main unit, which was designed in collaboration with organizations like The Cerebral Palsy Foundation and Warfighter Engaged, retails for $99.99 through Microsoft and GameStop…

Local moms’ interactive accessible restroom map goes nationwide

The non-profit and grassroots advocacy organization Missouri Disability Empowerment, or MoDE, expanded its interactive accessible bathroom map to include cities across the nation Tuesday. The map is a crowd-sourced database showing four different types of accessible bathrooms, including unisex and family style restrooms, restrooms with adult size changing tables and an ‘other’ option. MoDE launched its first statewide version in August. Christina Ingoglia, MoDE Vice President said friends and even strangers reached out to see if MoDE could expand the map outside of Missouri…

Lawsuit says Purple’s website discriminates to visually impaired

Purple Innovation is accused of violating the Americans with Disabilities Act for allegedly failing to have a website that can be accessed by visually impaired users. Antoinette Suchenko and Lisa Gathers filed a complaint on July 23, in the U.S. District Court for the Western District of Pennsylvania, against Purple Innovation, doing business as Purple, for alleged violations of civil rights under the American with Disabilities Act (ADA). Antoinette Suchenko and Lisa Gathers, both visually impaired individuals, claim the defendant denied them and the 7 million Americans who are visually impaired to access to its website’s goods…

Arguments in appellate-level ADA case against CU start Oct. 30

Six Senators wrote to Attorney General Jeff Sessions Wednesday with concerns shared by CUNA over how the Americans with Disabilities Act (ADA) applies to websites. Credit unions around the country are facing legal threats due to uncertainty over how to make websites compliant with the ADA, and CUNA has made finding a solution a top priority. “Right now it is not clear the ADA applies to websites. This leaves businesses and property owners unsure what standards, if any, govern their online services,” the letter reads…

An investment trust that owns hundreds of hotels nationwide urged a California federal court to end a yearslong suit that claims the guest shuttle services at its hotels aren’t wheelchair accessible, saying the trust isn’t liable because it doesn’t operate the transportation services at its properties. The case is one of many in a recent wave of Americans with Disabilities Act suits alleging both brick-and-mortar and website accessibility issues against hospitality companies, including hotels, eateries and casinos. The suit was filed by three-mobility impaired individuals who…

El Granada businesses hit with ADA suits

A San Diego law firm with a history of suing businesses for alleged violations of the Americans with Disabilities Act recently targeted several small-business owners in El Granada. Backed by the Center for Disability Access, plaintiff Samuel Love and attorney Chris Carson have reportedly sued some businesses in the area, including The Press and Easy Mart. While El Granada residents also mentioned India Beach and Harbor Pizza — located on the same strip of land alongside Avenue Alhambra — as additional recipients of the lawsuit, they could not be reached for comment…

The federal government is suing Cracker Barrel Old Country Store, alleging the company refused to hire a qualified deaf applicant for a dishwasher position, in violation of the Americans with Disabilities Act (ADA). According to the U.S. Equal Employment Opportunity Commission (EEOC), a deaf job applicant with a scheduled job interview was turned away and told the designated manager was not there. The manager on duty refused to interview the applicant even though Cracker Barrel’s policy states any manager available can conduct a job interview, the EEOC said…

Hidden between the countless shelves of books in Henderson Library is Lionel Orlando Parker. Patrons may notice him going in and out of his office behind the circulatory desk, or on the third-floor shelving returned and borrowed books. They may also notice that Parker is quiet, a tad reserved and just a bit aloof. Those who try to approach him will indeed be surprised when he brings out his cellphone or a sheet of paper and indicates for them to write out their questions…

Jack Fact — In 2016-17, approximately 74,000 learners with accessibility needs were registered with Disability Services Offices at Ontario colleges and universities full-time or part-time. Nearly 1.9 million people in Ontario have a disability.

International News

‘Sugam Election Accessibility Observers’ to help disabled caste vote

In a bid to help disabled people cast vote, the Election Commission of India (ECI) on Saturday announced appointment of ‘Sugam Election Accessibility Observers’ who will help the differently-abled inside the polling booths. Ahead of Chhattisgarh polls, Chief Election Commissioner OP Rawat further said that such persons are being identified so that facilities like wheelchair could be provided to them to reach the polling station. “For the first time in the country, Sugam Election Accessibility Observers will be appointed by Election Commission following the theme of accessible elections…

Make all websites disabled-friendly: Bombay HC tells Maharashtra government

The Bombay High Court has directed the Maharashtra government to ensure that all its websites are updated within three months and made user-friendly for disabled people. A division bench headed by acting Chief Justice Naresh Patil gave the order Friday while hearing a Public Interest Litigation filed by city-based NGO Disability Rights Initiative, seeking a direction to the government and other authorities concerned to make their websites user-friendly for disabled people…

Landmark accessibility initiative to be showcased

A Canterbury initiative designed to improve universal accessibility in the rebuild will be showcased at a prestigious design conference in Auckland and Brisbane. The Accessibility Charter – Canterbury will be presented at the third annual Universal Design Conference, aimed at promoting inclusion, to be held on 4-5 September in Brisbane and 6-7 September in Auckland. Fittingly, on 4 September it will be eight years to the day after the magnitude 7.1 earthquake that struck Canterbury…

Access Alliance commends progress toward Accessibility law

Tomorrow is a significant day for the disability community. For over a year now, the Access Matters campaign, led by a group of twelve disability organisations called the Access Alliance, have been calling for accessibility legislation at the heart of a more inclusive Aotearoa. I am just one of many disabled people who have been sharing stories about the access barriers we face in trying to get around, access buildings or housing, work, or participate in our communities. Though our stories are diverse, there is something we have in common…

Why does the cinema cost more for disabled customers?

Wheelchair user Simon Sansome, who runs the disability blog Ability Access, loves going to the cinema. But, there’s a problem – if he goes to a Showcase cinema as a group of four, it costs him more. Here’s why. I’ll admit it – I can’t get enough of the cinema experience. The anticipation of a new film, having a day out with my family, gorging on overpriced drinks and popcorn – it is great fun! Generally speaking, the provisions for disabled people are great. Showcase, Vue and Odeon cinemas are all very good at providing services for disabled customers…

More Websites to Be Adapted for Visually-Impaired Users

A project has been launched to certify websites for the blind and visually-impaired users, a press conference heard. The project is being implemented in line with the European Directive on the Accessibility of the Websites and Mobile Applications of Public Sector Bodies and it includes blind and visually impaired persons from Zagreb who have completed the necessary training as well as web developers from the CodeVision Studio company who will, together with the Apriori World company, establish the Institute for Digital Transformation…

Ensuring people have equal access to digital health information

The internet’s democratisation of health information has played a huge role in the rise of the expert patient. But does everyone have equal access to the digital information they need to manage their health? And are the very people digital health is seeking to empower the ones who are getting left behind? Empowering people to take control of their health is a central plank of our new patient-centred landscape. It’s a path lined by freely available educational resources, online peer support and digital patient support programmes. In short, it has happened thanks to the internet…

Why London’s subway system leaves so many disabled people without a ride

Every year, more than 1.3 billion passengers ride one of London’s iconic red and white subway trains. The London Underground, or “the tube,” is among the busiest light-rapid transit systems in the world, helping people criss-cross the sprawling British capital with relative ease. While many rely on the tube for its convenience and speed, for commuters like Ellis Palmer using the train means confronting several unavoidable hurdles. The 23-year-old journalist requires a wheelchair to get around, which means riding the tube isn’t always an option…

The complete guide to booking a holiday as a disabled person

Before my brush with a spinal cord injury earlier this year, the worst travel mistake I’d ever made was to think Girona airport was anywhere near Barcelona. With my newly acquired mobility issues, travel for me has become something that intimidates me, but something I still desperately want to do (as does my six-year-old son, George). The thing is, although lots of tour operators and hotels are keen to talk about how accessible they are, being truly open to those with disabilities is about so much more than having a few ground-floor rooms and level-access showers…

Making government buildings disabled-friendly

A team from the Accessible India campaign visited the District Collectorate on Monday to study whether government buildings in the Nilgiris are disabled-friendly. Darwin Moses, programme officer, said that part of the “Accessible India” campaign was to study government buildings across India, and to propose changes to ensure that people with disabilities have the means to access government offices. “Ten persons from CBM India Trust, along with college students, have been visiting government buildings in 17 districts across the State and studying the levels of accessibility of government buildings,” said Mr. Darwin…

Advocate with disability points to continued disparity at city hall

Saskatoon city hall is officially recognized as accessible for people with disabilities, but Debbie Windsor still feels segregated when she speaks there. Windsor appeared before city council’s finance committee on Tuesday to point out that progress is needed on true accessibility, not just for buildings, but for jobs and other opportunities. “People with disabilities want our rightful place in society, which is long overdue,” Windsor told the committee. She spoke from a desk near the back of council chamber, since the room is sunken and the lectern at which most speakers deliver their thoughts is accessible to the public only by stairs…

‘A lot of work to be done’ on wheelchair accessibility

More than 2.5 million people worldwide have a spinal cord injury, and every day three people are told they will never walk again. Yesterday ministers Carmel Sepuloni and Iain Les-Galloway spent Spinal Cord Injury Day in wheelchairs to raise awareness. Ms Sepuloni told the AM Show she was initially nervous. “I was reluctant to do it at the beginning, but it just highlighted the fact that there are accessibility issues, even in Parliament – just the everyday things we take for granted that are not so easy if you’re in a wheelchair.”…

New initiative uses smartphones to improve navigation for wheelchair users

A new scheme launching nationwide this month will make it easy for people to help make Irish pathways more accessible. A Fingal County Council accessibility initiative, in partnership with Dublin City Council and Enterprise Ireland, is being rolled out nationwide during the month of September after a successful pilot programme in Swords and Dublin’s docklands. The Route4U app partnership won the Enterprise Ireland Small Business Innovation Research (SBIR) Wayfinding Challenge, which was initiated by Fingal County Council and Dublin City Council…

No building fully accessible for disabled, says CEPT

None of the over hundred buildings surveyed by CEPT University students were found to be fully accessible for Persons with Disability (PwD). Ahead of Engineer’s Day on September 15, around 300 undergraduate Faculty of Technology students surveyed 122 buildings on the theme of Barrier Free Access in a four-day planning and execution period this month. Students checked obstructions which would make the building inaccessible, provision for adequate ramps, provision for tactile tiles, provision for stairs with railing of adequate height and barrier informers apart from separate toilet facilities for the disabled among other things…

FCC Issues Reminder- On August 30, 2018, the FCC’s Consumer and Governmental Affairs Bureau released a Public Notice to remind video programming distributors, including broadcasters, cable operators, satellite television services that deliver video programming directly to the home, of their obligation to make televised emergency information accessible to persons who are blind, visually impaired, deaf, or hard of hearing, in order to comply with section 79.2 of the Commission’s rules. Under the rules, if the emergency information is shown on television, critical information about the emergency must be made accessible. This Public Notice also provides information for consumers on how they can obtain more information about the rules, file complaints, and contact the FCC about compliance with the rules.

Microassist Digital Accessibility Services

Our digital and web accessibility services cover

Accessibility Audit Services — Our comprehensive audit will map all findings to internationally recognized standards and equip you and your technical and content teams to know what areas need to be brought into compliance.

Accessible Elearning Development — Does your online training reach all learners, whether they’re your employees, resellers, students? Let us help you design effective, engaging training that works for everyone.

Accessible Website and Application Development — An inaccessible website or application is increasingly seen as violating the ADA. Let’s talk about creating an online presence that reaches all your customers and reduces your litigation risk.

Audit and Testing Services — A thorough accessibility audit against recognized accessibility standards will show you where you may be under-serving your customers and putting your organization at risk.

Accessible Document Services — Digital assets such as Microsoft Word documents, Excel spreadsheets, PowerPoint presentations, PDFs, and audio and video files need to be accessible to individuals with disabilities, too. We can help you establish creation processes or remediate historical documents so that they meet accessibility standards and are usable by people with disabilities.

Remediation Services — Whether for a time-sensitive response to a legal action, or for proactive remediation, we can fix what doesn’t meet accessibility standards.

Accessibility Training — Contact us to get your teams introduced and informed about accessibility best practices.

Please contact us for any questions you have about our accessibility services and how we might support your organization.

Subscribe to Accessibility in the News-

* Indicates required field.

First Name*

Last Name*

Business Email*

Job Title*

Organization*

Anti-Robot Quiz*What is the last month of the year (Hint: eight letters)?

Footer

As one of Central Texas’s most experienced software education centers, a primary training vendor for the State of Texas, and a Microsoft Certified Solution Partner, Microassist has successfully worked with clients in fields ranging from advertising, real estate, law and politics to state and government agencies.